(1) SPECIAL leave granted. Heard learned counsel for the parties. When the suit for permanent injunction was pending the question of interim injunction had come before the High court and when the HighCourt had granted injunction at the instance of the present appellant the respontent moved this court by way of special leave petition and the same was dismissed. The suit has now been deemed ad permanent injunction has been ordered against the respondents. In appeal against the decree for permanent injunction the High court by the impugned order has permitted the defendant-respondent herein to raise construction subject to the condition that in the event of the decree being affirmed the construction shall have to be pulled down.

(2) APART from the convenience the parties and equity arising in the facts of the case, a larger principle is involved in the matter. On the face of a decree for permanent injunction is it appropriate for the appellate court to allow it to be nullified before the appeal is disposed of. We are of the view that the answer has to be in the negative.

(3) WE accordingly allow the appeal, vacate the order ofd the High court and direct status qu